31991R1238

14. 5. 91 Official Journal of the European Communities No L 119/ 11

COMMISSION REGULATION (EEC) No 1238/91 of 13 May 1991 re-establishing the preferential customs duty on imports of large-flowered roses originating in Morocco

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas Commission Regulation (EEC) No 700/88 (s), as amended by Regulation (EEC) No 3556/88 (6), laid down detailed rules for the application of these arrangements ; Having regard to the Treaty establishing the European Economic Community, Whereas to permit the import arrangements to function in the normal manner prices on importation should be Having regard to Council Regulation (EEC) No 4088/87 calculated using : of 21 December 1987 fixing conditions for the application of preferential customs duties on imports of — for currencies maintained against each other within a certain flowers originating in Cyprus, Israel, Jordan and maximum spread at any given moment for spot rate Morocco ('), as amended by Regulation (EEC) No transactions of 2,25 % a conversion rate based on 3551 /88 (2), and in particular Article 5 (2) (b) thereof, their central rate multiplied by the correcting factor provided for in the last subparagraph of Article 3 ( 1 ) of Council Regulation (EEC) No 1676/85 0, as last Whereas Regulation (EEC) No 4088/87 fixes conditions amended by Regulation (EEC) No 2205/90 (8), for the application of a preferential customs duty on large-flowered roses, small-flowered roses, uniflorous — for the other currencies, an exchange rate based on an (bloom) carnations and multiflorous (spray) carnations average of the ecu rates published in the Official within the limit of tariff quotas opened annually for Journal of the European Communities, C series, over imports of fresh cut flowers into the Community ; a period to be determined, multiplied by the coefficient referred to in the preceding indent ; Whereas Council Regulation (EEC) No 728/90 (3) opens and provides for the administration of Community tariff Whereas the preferential customs duty fixed for large­ quotas for cut flowers and flower buds, fresh, originating flowered roses originating in Morocco by Regulation in Cyprus, Jordan, Morocco and Israel respectively ; (EEC) No 728/90 was suspended by Commission Regulation (EEC) No 930/91 (9) ;

Whereas Article 2 (3) of Regulation (EEC) No 4088/87 Whereas on the basis of price recordings made as stipulates that the preferential customs duty shall be specified in Regulations (EEC) No 4088/87 and (EEC) No reintroduced for a given product of a given origin if the 700/88 it must be concluded that the requirement for prices of the imported product (full rate customs duty not reintroduction of the preferential customs duty laid down deducted) are, for at least 70 % of the quantities for which in the first indent of Article 2 (3) of Regulation (EEC) No prices are available on representative Community import 4088 /87 is met for large-flowered roses originating in markets, not less than 85 % of the Community producer Morocco ; whereas the preferential customs duty should price for a period, calculated from the actual date of be reintroduced, suspension of the actual preferential customs duty,

— of two successive market days, after suspension under Article 2 (2) (a) of that Regulation, HAS ADOPTED THIS REGULATION : — of three successive market days, after suspension under Article 2 (2) (b) of that Regulation ; Article 1 Whereas, Article 2 (3) of that Regulation stipulates that in For imports of large-flowered roses (CN codes 0603 10 11 the absence of available price quotations, the preferential and ex 0603 10 51 ) originating in Morocco the customs duty shall be reintroduced if there are no prices preferential customs duty set by Regulation (EEC) No for six successive working days from the date the measure 728/90 is reintroduced. was applied ;

Whereas Commission Regulation (EEC) No 3129/90 (4) Article 2 fixed Community producer prices for carnations and roses for application of the arrangements for importation from This Regulation shall enter into force on 14 May 1991 . the countries in question ; 0 OJ No L 72, 18 . 3 . 1988, p. 16 . (') OJ No L 382, 31 . 12. 1987, p. 22. (6) OJ No L 311 , 17. 11 . 1988, p. 8. (2) OJ No L 311 , 17. 11 . 1988 , p. 1 . 0 OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 81 , 28 . 3. 1990, p. 7. (8) OJ No L 201 , 31 . 7. 1990, p. 9 . (4) OJ No L 299 , 30. 10 . 1990, p. 26. 0 OJ No L 94, 16. 4. 1991 , p. 10 .

No L 119/ 12 Official Journal of the European Communities 14. 5. 91

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 13 May 1991 .

For the Commission Ray MAC SHARRY Member of the Commission